SD 565 
.P7 
1909 
Copy 1 



60th Congress, I SENATE. j Document 

2d Session. X \ No. GG7. 



PREVENTING DEPREDATIONS ON PUBLIC TIM- 
BER, ETC. 



Mr. Nelson presented the following 

LETTER FROM MR. H. H. SCHWARTZ. CHIEE OE THE FIELD 
SERVICE. GENERAL LAND OFFICE, RECOMMENDING THE AP- 
PROPRIATION OF ONE MILLION DOLLARS FOR PREVENTING 
DEPREDATIONS ON PUBLIC TIMBER. PROTECTING PUBLIC 
LANDS. AND SETTLEMENT OF CLAIMS FOR SWAMP LANDS, 
AND SWAMP-LAND INDEMNITY. 



January 19, 1909. — Referred to the Committee on Appropriations and ordered 

to be printed. 



Department or the Interior, 

W-^ General Land Office, 

Washington, D. C, January 15, 1909. 

Sir : I respectfully recommend that the appropriation for prevent- 
ing " Depredations on public timber, protecting public lands, and 
settlement of claims for swamp lands, and swamp-land indemnitj' " 
for the fiscal year 1909-10, be raised to $1,000,000. 

The present appropriation is $500,000. Previous appropriations 
were $250,000, or less. 

There is absolute necessity for such appropriation, if the more than 
one hundred million dollars' worth of national resources, now claimed 
to have been fraudulently acquired by corporations and individuals, 
shall be promptly recovered. 

My belief that this increase is necessary is based upon the following 
facts : 

1. The number and status of cases on record, as shown by the 
attached letter from the chief of field service. 

2. The large number of pending cases heretofore partially in- 
vestigated by the Secret Service, or special service of the Depart- 
ment of Justice, and now transferred to the General Land Office 
field forces. 

3. The numerous pending applications for and grants of rights of 
way, easements, and licenses upon public lands requiring examination. 

4. The large number of proceedings pending upon adverse reports 
by the Forest Service field force, requiring special agents of this 



2 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC' «\o^ 

office to attend and conduct hearings under section 1, act of P'ebruary 
1, 1905. • 

5. The investigation in the field of lands claimed by States as 
swamp— a recent investigation showing dry Indian lands claimed as 
swamp with stumpage timber values of over $350,000 in two lists 
alone. Many other lists are pending. 

6. The large number of pending nonmineral state selections for 
lands found to be coal by the Geological Survey, and requiring 
examination and investigation by the field force. 

7. The increasing amount of time by agents required in courts and 
before referees in the larger cases now pending. 

8. The examinations required in the temporary withdrawals for 
oil, phosphate, coal, and other natural resources in cases where claim- 
ants seek to acquire title under agricultural laws. 

9. The investigations into Carey act contracts heretofore made — 
not covered by the initial investigations made by the special in- 
spectors of your department, and not properly chargeable to that 
appropriation. 

10. The necessity for promptly reaching and clear listing bona fide 
entries against which charges have been filed with this office or the 
special agents. 

At first blush this request may seem to call for an extraordinary 
increase in this appropriation. However, it is not 1 per cent of the 
value of the government property involved, and a comparison with 
the past appropriations is not proper, for the reason that in the past 
this bureau did not know the extent of the frauds being perpetrated 
upon the Government under the public-land laws. 

We have such knowledge to-day, and we should take proper steps 
to safeguard the public domain. 

Respectfully, Fred Dennett. 

Commissioner. 

The Secretary or the Interior. 

Washington, D. C, January 2, 1909. 

Sir : This is a recommendation that you request an appropriation 
of $1,000,000 for preventing " Depredations upon public timber, 
protecting public lands, examining swamp lands, etc." The present 
appropriation is $500,000; prior recent appropriations were $250,000 
per annum. My absence in the field prevented presentation of the 
facts in this letter at the time the sum of $500,000 was estimated for 
the next fiscal year. 

There is herewith submitted detailed information, showing ap- 
proximately $110,000,000 worth of public lands alleged to have been 
fraudulently acquired. There is reasonable prospect of recovering 
much of this land, if prompt action is had. While, considered rela- 
tively with former appropriations, a million dollars may seem large, 
yet, in the light of our present knowledge of lands unlawfully ac- 
quired, it is not 1 per cent of the commercial value of that which the 
Government may hope to recover. 

For the fiscal year ending June 30, 1908, Congress appropriated 
$250,000 for the protection of public lands. A like sum had been ap- 
propriated for the year ending June 30, 1907. Public-land investi- 
gations, increasing public sentiment for better protection of the na- 
tional resources, and extensive discussion of these matters in publi- 



PREVENTING DEPREDATIONS ON PUBLIC TIMBER. ETC. 3 

cations, during the past five years, have resulted in many thousands 
pf informations being filed in the General Land Office, charging 
land frauds. Many thousand cases of violation of law have also been 
brought to the attention of the Government through investigations 
by your special agents; also, special employees of the Department of 
Justice have furnished this office with information in important 
cases. 

The foregoing conditions produced great congestion in the work 
devolving upon your field force. This office, local offices, and field 
agents receive, annually, thousands of complaints against claims and 
entries under the settlement laws. Experience shows that only 
about one-half of these complaints are justified. The examination 
of such cases has been the principal field duty — to the end that the 
settlement claims and entries may proceed without delay. However, 
the great number of extensive frauds demanding immediate action, 
and necessarily consuming months of time in investigations and 
subsequent attendance in court trials, leave us to-day over 16,000 
settlement claims suspended on complaint out of the total 32,226 
cases of all kinds pending December 1, 1908. The nature of the 
" necessity " for prompt action in some of the larger cases is shown 
in United States v. Juanita Coal and Coke Company and United 
States v. Utah Fuel Company, involving lands worth $2,500,000. In 
these two cases the evidence of the fraudulent acquisition of these 
lands was finally uncovered in November last. Suits were filed De- 
cember 7, 1908, and the statutes of limitation would have prevented 
suit on December 8, 1908 ; likewise, in the Oregon cases against. C. A. 
Smith et al., involving timber worth about $1,000,000, the investiga- 
tions were completed, and suit was filed in May, 1908 — within a few 
weeks of six years after patent issued. Suit can not be brought 
against a patent six years old. 

With the $250,000 appropriated for the fiscal year ending June 30, 
1907, the field force investigated and disposed of practically 6,500 
cases, collected from trespassers $284,470, recovered 390,240 acres of 
land of about $2,186,400 in value, and secured the conviction in 
criminal cases of 138 defendants. 

The present reorganization of the field force and general methods 
of handling the investigations in relation to public lands dates prac- 
tically from the beginning of the fiscal year 1907-8. The work 
performed and the results accomplished in protecting public lands, 
recovering public lands fraudulently acquired, and prosecuting par- 
ties guilty of crimes in relation thereto, for a period July 1, 1907, to 
December 1, 1908 — seventeen months— will, therefore, be treated as a 
unit. The amount appropriated for carrying on the work for the 
seventeen months was $500,000, thus: $250,000 for the fiscal year 
ending June 30, 1908, and $250,000 was expended for the first five 
months since that date. With this expenditure of $500,000 the fol- 
lowing results have been accomplished: 

Absolute recoveries. 

10,933.07 acres of patented lands recovered (including 

lands i : estimated value $824,555.35 

61S,24(i acres of unpatented lands recovered; value 3,547,100.00 

Collected from timber trespassers 130. G94. 79 

Fines collected 8, 597. 94 



4 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 

The foregoing comprise absolute recoveries to the United States of 
$4,516,858.08 in money value, which is $4,016,858.05 in excess of the 
total appropriation expended in the work. This is not, except the 
fines and timber trespass, money returned to the United States Treas- 
ury, but it is lands of such value restored to the public domain where 
the honest purchaser or settler may acquire it, and the present ad- 
ministration of the public land laws is such as to prevent the reoccur- 
rence of further illegal acquisition. Also, the subsequent sale of the 
recovered coal and timber lands — now for the first time sold upon 
appraisal — will result in such increase in cash returns to the Treasury 
as will exceed the expense of recovery. 

The absolute recoveries, however, constitute but a small part of the 
work performed and being performed. The detailed summary hereto 
attached shows information in the possession of the Government 
which may lead to the recovery of moneys and lands reasonably 
worth in excess of one hundred millions of dollars. How effective 
these recoveries shall be depends upon the men and funds available 
for carrying on the work. 

A comparison of the number of cases actually investigated in the 
field, and reported on, shows that during the fiscal year ending June 
30, 1907, 6,500 cases were examined at a total expense of $250,000, 
while during the seventeen months ending December 1. 1908, 28,183 
cases were examined, at a total expenditure of $500,000. Taken as a 
whole, the work was measurably similar, and there is a consequent 
showing of increase in effciency of over 100 per cent since the gen- 
eral reorganization of the special service. 

During the past seventeen months your agents have caused to be 
released from unlawful inclosure a total of 1,007,684 acres of vacant 
public lands. These lands were restored to settlement and the open 
range; that, as 5 cents per acre (a low grazing value for that period), 
amounts to $50,385.20. 

We have secured 94 convictions for violation of the public land 
laws, in a large number of which cases the fines were collected; and 
in important cases imprisonment sentences were imposed. A tab- 
ulated statement showing details of these convictions is attached. 

The field force have also examined public lands covered by rights 
of way, easements, and privileges granted, of which 98 were found to 
be either fraudulent or illegal, and adverse proceedings have been or 
will be instituted to free the public lands from such easements now 
resting thereon. 

Actual investigation and examination has also been made of nine 
Carey Act projects, involving 199,259.18 acres. These investigations 
disclose projects covering 62,070.99 acres, in which the land has not 
been reclaimed, and in which conditions warrant action looking to the 
recovery of lands, either from lack of water or because lands are not 
desert in character. Other examinations are in progress. These do 
not include original examinations upon applications to select — such 
examinations being made by inspectors of the department. 

The expectation of the General Land Office, as expressed by the 
commissioner to the Committee on Appropriations when considering 
the sundry civil bill for the year ending June 30, 1909, that an 
appropriation of $500,000 per year for two years would clear up the 
then accumulated work, will be realized. 



PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 5 

HoAvever, the investigations of the past two years by your special 
agents, aided by an aroused public sentiment, have produced evidence 
and information of wholesale and astounding frauds upon the public 
lands, and such cases necessarily require much time from the field 
force. As a result, we have of record in the special-service division 
of this office the 32,000 distinct cases demanding further field action, 
notwithstanding that during the past seventeen months there have 
been investigated a total of over 28,000 cases. 

The magnitude of the task imposed upon the General Land Office 
in some of these cases will be best appreciated by example: 

In a single suit to recover coal lands having a commercial value of 
millions of dollars it may be necessary to take the following steps: 

Examine all of the records and correspondence in one or more of 
the local land offices, and in the General Land Office, in relation to 
probably fifty distinct entries of land; this examination develops 
the coincidence of claimants and witnesses, attorneys of record, 
notaries and commissioners before whom papers were executed, with 
a subsequent examination of probably fifty to one hundred witnesses, 
now scattered throughout the United States, and who have, in one 
way or another, been connected with the proceedings by which the 
Government lost title to the lands. These witnesses embrace coal ex- 
perts, employed by the corporations to prospect the lands, dummy 
entrymen. attorneys, notaries public, United States commissioners, 
and the various witnesses required to the different filing papers. 

Second. It is necessary to examine and abstract the titles to these 
lands as they appear of record in the office of the recorder of deeds 
in the different counties. 

Third. There follows the investigation of the organization and 
development of the corporations and holding companies, who have 
taken over the title, and who. by trust deeds and mortgages, endeavor 
to forestall recoveries by pretended purchase, or incumbrances for 
value. This branch of the case frequently occupies months of time 
by men expert in real and corporate law. and frequently develops 
three or four companies holding titles, mortgages, trust deeds, or 
bonds predicated upon trust deeds, all intended simply to involve 
the title. In other cases, subsequent transfers proved to be bona fide. 

Fourth. To the end that the value of the lands may be determined. 
in the event that some one of the interested c >rporations is able to 
make good its claim of innocent purchaser, and the Government is 
thereby driven to a judgment for damages sustained, in lieu of the 
recovery of the lands, it becomes necessary for men expert in coal 
mining and geology to make extensive field examinations. 

Fifth. As these coal companies have frequently been operating 
from two to five years, it also becomes necessary to determine the 
amount of coal taken from the lands and its value in the different 
situations, which may. according to the event of the suit, fix the rule 
of damages the Government shall recover for probably several mil- 
lions of tons of coal unlawfully taken from the lands. 

It will be seen that a proper presentation of the Government's case 
in some one of a dozen suits similar to the foregoing may well require 
the entire time for from three to six months of a half dozen men. 

Example might also be cited to some of the more determined and 
persistent violators of the act to prevent unlawful occupancy of the 



6 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 

public lands, known as the fencing law : A single case reported from 
Oregon involved over 85,000 acres of government land in one in- 
closure; in addition thereto there were a large number of fraudulent 
or dummy entrymen on some of the lands inclosed. If the Govern- 
ment expects to present such a case as this to the court or jury, with 
a showing which will warrant anything more than a nominal fine 
(which means a very nominal charge for pasturage on the public 
land and the exclusion of the general community from free range), 
it becomes necessary not only to show the inclosure, but to show it in 
detail; probably survey, chain, and subsequently plat over 100 miles 
of fence; investigate into the circumstances and bona fides of prob- 
ably fifty to one hundred entries of one kind or another made within 
the inclosure, supposedly for the benefit of the live-stock company; 
also interview from fifty to one hundred witnesses, the dummy entry- 
men; the men who built the fences, to determine when they were 
built and who paid for them ; cow punchers and small cattlemen, for 
proof that the large company controls the inclosure and that the 
stock of small individuals is driven therefrom ; in some cases the set- 
tlers are forcibly prevented from investigating or occupying the 
lands. 

Again, Ave have conspiracy timber cases, which may well take the 
time for from one to three months of three or four men. Along 
this line the Land Office has single cases of over 200 entries of more 
than 32,000 acres of land. Combinations are frequently so well 
organized and so aided by defective public land laws as to prevent 
an almost impossible task in securing evidence or recovering lands 
worth hundreds of thousands of dollars. It may become necessary 
to assign an agent to a single conspiracy case and keep him there 
to the exclusion of everything else for a period of three or four 
months, and, in certain phases of the investigation, the services of 
other agents are required. A single timber trespass case may require 
a crew of men for weeks. One case investigated this year shows 
trespass of timber covering 7 miles of territory, and timber taken 
of over $200,000 value. The land was unserveyed, and it became 
necessary to run lines and scale up this entire trespass, measuring it 
stump by stump. It is an old trespass; but the Government may 
still recover — there being no statute of limitations against a money 
demand. 

These examples furnish indication of what your field force has 
done in making recoveries mentioned in the earlier part of this state- 
ment, and what now devolves upon it in successfully prosecuting the 
larger cases involved in the total of over 30,000 cases pending. 

Following is a summary of most of the larger cases affected by 
charges of fraud or illegality now pending. They are here set up 
by States or field divisions. Details of identification and names of 
parties are omitted in cases under investigation, for the reason that 
parties are entitled to such protection until investigation develops 
facts warranting their presentment to a proper tribunal ; and, on the 
other hand, present publishing of details would generally embarrass 
further inquiry in a case. 

Alaska : 

1. Probably 500 coal claims worth al least $2<io per acre on 

basis of 1 cent per ton $10,000,000 

2. Pending timber trespass 200.000 



PREVENTING DEPREDATIONS ON PUBLTC TIMBER, ETC. 7 

Arizona : 

In United States court — 

1. United States v. Grand Canyon Lime and Cement Co., to 

recover for timber trespass $40,000 

California : 

In United States court — 

1. United States v. Hyde, Benson, et al., to recover 11,040 

acres of land patented under scrip selections 110,400 

2. United States v. English, embezzlement : Indictment : 

Amount of shortage 15,000 

3. United States v. Dwinell et al., conspiracy, indictment, 

involving 1,120 acres of timber land worth 22,400 

4. United States v. McPherrin, and seven others, indict- 

ment conspiracy, involving 3,840 acres of land worth 162. 000 

In department — 

1. United States v. H. H. Yard et al., 200,000 acres of 

heavily timbered lands covered by placer location in 

Forest Reserve 5, 000, 000 

2. United States v. Golden and Darby, heavily timbered 

lands covered by placer mining location 80,000 

3. Thirty-two timber trespass cases, involving 100,000 

Colorado : 

In United States court — ■ 

1. United States v. Juauita Coal and Coke Co., to recover 

2,S00 acres of coal lands, value $300 per acre 840,000 

2. United States v. Utah Fuel Co., to recover 5,000 acres 

of coal lauds valued at $300 per acre 1,500,000 

3. United States v. New Mexico Lumber Co., to recover 

8,640 acres of best timber in Colorado, value $50 per 

acre 432,000 

4. United States v. Barnes et al., timber trespass 50, 00o 

In department — 

1. One group of coal entries 1,600.000 

2. One group of timber-land entries 860,000 

3. One group of lieu land selections 3,000,000 

4. Case of lands 2,000.000 

5. One group of coal entries 1, 200, 00t) 

6. One group of coal entries 1,280,000 

7. One group of coal claims 1,000,000 

8. One group of coal claims 750,000 

9. One group of agricultural entries on coal lands 4,000.000 

10. One group of timber and stone entries 440,000 

11. One group of timber and stone entries 200,000 

12. Six timber trespass cases 535,000 

13. Two cases of coal trespass, at $1 per ton 3, 500, 000 

Michigan: 

In department — 

1. One group of coal timber entries of 5,400 acres, value 

$10 per acre 54,000 

2. Fifteen timber entries 6,000 

3. Two timber trespass cases 27,000 

Minnesota : 

In department — 

1. Fourteen timber trespass cases 112,117 

2. Indian reservation lands, erroneously classed swamp, 

timber value 350,000 

Montana : 

In United States court — 

1. United States v. B. F. Howard et al., to recover value of 

timber lands entered under the mining laws 40, 000 

2. United States v. Anaconda Copper Co., timber trespass, 64,934 
In department — 

1. United States v. McCune et al., trespass of 720 thou- 

sand cords of wood, stumpage value 360,000 

2. Eightv tracts of coal land entered under the timber 

and stone act. actual value, $100 per acre 1,280. ooo 



8 ' PEEDATIONS ON PUBLIC TIMBER, ETC. 

Montana Continued. 

In department— Continued. 

3. One lot 4,000 acres agricultural land, worth $25 per 

acre, acquired under the desert-land act $100,000 

4. One case involving lands worth 100,000 

5. Timber trespass in Missoula district, stum page 500, 000 

t;. One railroad and lumber-timber trespass. .Missoula 

district 500,000 

7. Timber trespass case, Billings district 50,000 

8. Land conspiracy, lands, at $5 per acre 100,000 

!». United States v. Libbey Placer Mining Co.. timber lands 

held under mining locations 250,000 

Nebraska : 

In department — 

1. Conspiracy of 4,000 acres desert land, value $5 per acre_ 20, 000 

2. A case of 800 acres coal lands acquired by nonmineral 

entry SO, 000 

3. A conspiracy ease ns,000 acres) 90,000 

Nevada : 

In United States court — 

1. United States v. Central Pacific Ry. Co. and Southern 
Pacific Ry. Co., 4 suits to recover mineral lands, lands 
have proved value in many operating mines of over 25,000,000 

In department — 

1. Rhyolite Township lands, group of lands held under 

mining locations 375, 000 

2. United States v. Central Pacific Ry. Co., to recover 

about 300 acres of mineral lands erroneously acquried 
under its grant ; a very conservative commercial value 

is 15, 000, 000 

New Mexico : 

In United States court — 

1. Suits to recover 560 acres of coal lands 56,000 

2. United States v. Coolidge et al.. 640 acres of highly im- 

. proved, irrigated, agricultural lands, present value 

over $100 per acre 64,000 

In department — 

1. Group of 1,120 acres of coal lands worth $50 per acre__ 56,000 

2. Four hundred and eighty acres in coal entries, $100 

per acre 48,000 

3. A case of 12 coal entries for corporation, 1,920 acres 

at $50 per acre 96,000 

4. Group of 14 desert entries, 2,240 acres at $2.50 per acre__ 5, 600 

5. On timber trespass of 70,000,000 feet ; $2 per thousand— 140,000 

6. One trespass case 11,050 

7. Unlawful inclosure of 120,000 acres 

Oklahoma and Kansas : 

In department — 

1. Nine unlawful inclosures, including 307 alleged fraudu- 
lent entries of 51,720 acres; and 66,000 acres of vacant 

Government lands; value of entered lands 517,000 

Oregon : 

In United States court — 

1. United States v. Kribs et al., to recover timber lands 

having commercial value of 200,000 

2. United States v. C. A. Smith, two suits to recover tim- 

ber lands, having commercial value of 750, 000 

3. Twenty-one allied suits to cancel 47 entries of heavily 

timbered lands 235,000 

In department — 

1. Case involving 75 timber entries 200,000 

2. Case involving block of pine, heavy stand, 10,000 acres__ 250, 000 

3. Two unlawful inclosures of over 140,000 acres vacant 

land. 

4. One lot of coal entries on timber land in national forest- 200, 000 



PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 9 

Utah and southern Idaho: 
In United States court — 

1. United States v. Utah Fuel Co. and Pleasant Valley Coal 

Co. et a!., suits to recover title to over 40,000 acres of 

coal land, at $200 per acre $S, 000, 000 

2. Court cases to recover 22,000 acres of heavily timbered 

pine lands, worth about $30 an acre 660,000 

In department — ■ 

1. About 20,000 acres coal lands held by nonmineral en- 

tries, worth about $100 per acre 2, 000, 000 

2. One case of 3,500 acres of coal lands 70,000 

3. Unlawful inclosure of 160,000 acres of vacant lands. 

4. About 800 nonmineral claims to lands valuable for coal. 

at $50 per acre ^ 6, 000, 000 

5. 488 state selections pending for examination. 
"Washington and northern Idaho: 

In the United States court — 

1. United States r. Flynn, to recover 160 acres of im- 

proved lands 8,000 

2. United States v. Multnomah M. and D. Co., to recover 

256 acres of land 10,000 

3. United States v. Barbee, to recover 640 acres coal lands__ 64, 000 

lands 114. 000 

4. United Slates r. Kettenbach et al„ to recover 8,481 

acres of timbered lands worth about $20 per acre 170,000 

5. United States v. Hope Lumber Co., timber trespass 7,000 

6. United States v, Bunker Hill .Mining Co. 
In department — 

1. To recover 6,000 acres timber and fruit lands in the 

Colville Indian Reservation, held on mining claims 300,000 

Wisconsin : 

I. Three timber trespass cases 20,500 

Wyoming : 

In United States court — 

1. United States v. Union Pacific Ry. Co., to recover 

518,614 acres of coal lands at $300 per acre 1,555,840 

•J. United States r. Hyde. Benson et al., to recover 400 

acres of agricultural land at $10 per acre 4. 000 

In department — 

1. One timber trespass, stumpage 350,000 

2. One railroad timber trespass 45,000 

3. Four timber trespass cases, value 47,432 

4. 1,760 acres unlawfully acquired 15,000 

5. United States r. Dally et al., to recover 9,500 acres of 

coal land worth $150 per acre 1,425,000 

6. Lander coal case, to recover 2,r>00 acres of coal land 

worth $150 per acre 375,000 

7. Alleged attempt to acquire 2.r><>0 acres of coal land 

worth $20<) per acre, by dummy system 512,000 

8. Alleged attempt to acquire 2.240 acres of coal land 

worth $20() per acre, by combination 44S. 000 

Southern States : 

1. Ten timber trespass cases involving 160,000 

2. United States v. McKaskell Co 20,000 

3. Florida. 5,000 acres timber land 50,000 

4. Mississippi, entries 200,000 

5. Agricultural entry on oil lands 20,000 

Total 114, 733. 273 

There are also set for trial and hearing 1.021 cases before local land offices. 
upon reports by special agents and forest officers, as follows: Alaska. 1; Ore- 
gon. 141: California, s-i : Washington, 25: Montana. 227: Colorado, 77; Ari- 
zona, 41: Wyoming, 101; Nebraska. 37: Minnesota, 7: Michigan, 1; Wisconsin. 
3 : North Dakota. 39; South Dakota. 26: Arkansas. 47: Louisiana, 11; Idaho. 
25; Utah. : Kansas. 13: Oklahoma. 6; New Mexico, 71 : Alabama. 11: Florida. 
10 : and Mississippi. 8. 

S. Doc. 667, 60-2 2 



10 



PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 



There are also pending in the Department of Justice and United 
States courts, upon reports by special agents, the following cases: 

Timber trespass 161 

Suits to recover lands 490 

Unlawful fencing of public lands 122 

Criminal cases 321 

Total 1, 094 

These are all cases of merit to be tried. The old business accumu- 
lated on the dockets has been dismissed wherever facts warranted. 

The system of handling court cases heretofore lacked proper check 
between the Department of Interior and Department of Justice. 
There was no automatic card or record of each case to call it, and no 
effective order compelling whatever additional action or investigation 
each case demanded. To meet this situation and clear the court 
dockets of cases fatally defective, and ascertain what was yet re- 
quired in other cases, the Secretary and Attorney-General had ap- 
pointed in each court district a committee consisting of the United 
States attorney, a Department of Justice inspector, and a special 
agent of this office. This committee took up and considered each case 
on the court dockets or pending for suits. Cases were found of twenty 
years' standing; particularly in the southern jurisdiction were found 
many old timber trespass cases wherein the defendants had long since 
disappeared. These committees recommended the dismissal of all 
cases wherein it was found no reasonable basis for assuming convic- 
tion or recovery could be had. As a result there was dismissed 245 
criminal cases, 71 timber trespass civil cases, 18 cases to recover 
lands, and 4 fencing cases. 

The remaining 1,094 cases will require heavy drafts upon the time 
and expense of our field corps. Some of these are old cases which 
are now found to require additional work. Although the above cases 
are now in the hands of the Department of Justice, our agents must 
attend terms of court as witnesses; and, where additional evidence 
js required, the United States attorneys naturally expect agents who 
were familiar with a case from its inception to supply whatever fur- 
ther information is required. 

For the Attorney-General to require his own agents to secure addi- 
tional information involves the loss of time and money incident to 
putting an investigation into new hands not familiar with the rec- 
ords, facts, and witnesses. Naturally we must remain with the case 
to the end. 

Record of criminal cases from June ,'W, 1908, to December J, 1908. 



Indictments. 



Timber trespass 

Conspiracy 

Perjury 

Inclosiire 

Miscellaneous. . 

Totals 



Found. 



7;> 



Convic- 
tions. 



Fines. 



8729. 92 
19, 550. 00 

" 2," 003.' 72' 



Fines 
paid. 



8729. 92 

6, 550. 00 



1,568.02 



8, 847. 94 



Impris- 
onments. 



PREVENTING DEPREDATIONS ON PUBLIC TIMBEK, ETC. 



11 



The following tabulation is a summary of the unfinished work 
pending December 1, 1908, and given by field divisions 











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o 
o 


03 
C 

O 

< 


n 

a 

o 


S o3 

SI 


o3 

6 


03 

£ 


E a 

Z EC 

O 


X 

0J 


*9 

►< a 

O 03 

[in 






rH 


CN 


CO 


•* 


irf 


CO 


r^ 


00 


Oi 


O 


a 


CJ 


00 




Homestead .. 


640 


741 


667 


984 


2,038 


88 


1, 035 


1,168 


882 


292 


737 


760 


898 


10, 930 


Desert 


33 


62 


29 


1,211 


846 


8 


146 


98 




183 




64 




2, 680 


Mini ral 


6 


lis 


77 


106 


2, 472 


192 


7 


1 


3 


66 


5 


45 




3,108 


T. and stone.. 


285 


69 


307 


287 


558 




236 


395 


145 


121 


2 


1 


274 


2,680 




24 




54 


4 


705 


1 


72 


4 




53 




y 




926 


Selects 


40 


63 


45 


133 


1 


4 


193 


2, 786 




488 




3 




3,756 


Miscellaneous 


125 


174 


18 


142 


1,181 




156 


8 




24 


14 


7 


6 


1,854 


Timber ties.. 


122 


81 


56 


116 


105 


64 


50 


331) 


500 


44 


35 


57 


782 


2,342 


Inclosure 


73 


66 


22 


548 


198 


60 


231 


116 


6 


24 


112 


171 




1,627 


Off. con. in- 
































9 




6 




8 
349 


4 
20 




1 
880 


1 


23 


7 
84 


3 

78 




44 


R.of W., etc.. 




1,434 


All other 
































22 

83 


14 
11 


32 
12 


54 
20 


10 
150 


55 


30 


99 
8 


56 


156 
3 


2 
14 






500 


Criminal 


14 




345 


Total 


1, 462 


1.409 


1, 325 


3,605 


8, 621 


496 


2,155 


5,894 


1,593 


1,482 


1,012 


1,206 


1,960 


32,226 



The question of values above mentioned is a matter of opinion. 
Much of the coal is the very best in America; I have valued it at 
$150, $200, and $300 per acre. Should the Congress conclude to 
separate the coal from title to the surface in disposing of lands and 
permit coal mining on a royalty basis of only 10 cents per ton, these 
lands would produce $1,000 for 10-foot veins; this on a basis that 10 
out of 18 tons are actually mined. Many of these lands in the States 
run from 15 to 25 feet in high-grade, workable coal; in exceptional 
cages, fields carry coal measuring 30 and 40 feet in thickness. In 
Jaska there are pending coal entries upon coal measures as high 
as 60 feet thick clear coal in one vein. 

The question of timber values varies according to market and 
locality. In the Smith cases, there are lands with three to ten million 
feet to the quarter, worth on the stump $2 to $6 per 1,000 feet, 
or over $200 an acre. East of the Cascades, the timber runs much 
lighter, and the good timber land fraudulently acquired several 
years ago has from one to three million feet a quarter section, gener- 
ally, and is worth about $4 per thousand, or about $50 per acre. 
None of these lands are culls. Later entries are generally of less 
value. 

As to the value of mineral lands in Nevada, the estimate of fifteen 
and twenty-five million dollars of demonstrated values is based on 
careful field examination by competent mining agents. The New 
York Engineering and Mining Journal has estimated these lands 
at $100,000,000. This refers to the particular lands alread}^ examined. 

This is a summary of the work performed and the task ahead of 
us, given in such detail as the state of work will permit, and intended 



12 PREVENTING DEPEEDATIONS <>N PUBLIC TIMBEE, ETC. 

(o show the value of the services being performed by the special 
agents of the General Land Office. 

This letter lays considerable emphasis upon the money value of the 
public domain and its natural resources, important as is this 
feature of our work, it is second to that of preserving for home 
builders the lands fit for homes and aiding to the fullest extent every 
settler in his effort to establish himself upon the public domain. I 
recall the positive instructions of yourself and Secretary Garfield 
to many of our new agents that, although agents were to use every 
endeavor to prevent land frauds and crimes, they must always keep 
in mind that their principal task is to speedily reach and investigate 
the complaints involving settlement rights, to the end that the honest 
sett lei' be not harassed or delayed. To that end. as before stated. 
we have, after investigation, clear listed over 13,000 cases since July. 
1007. 

That work of itself has justified the wisdom of Congress in increas- 
ing the appropriation under this head. It is my experience that, 
with hardly an exception, your agents have followed instructions, 
and have given the settler a favorable report wherever good faith 
was shown and a real intent to make a home could be drawn from 
all the circumstances of the case. On the other hand, they have 
uniformly reported the facts as they found them, or understood them, 
without fear or favor — conscious of the sufficient support of their 
superior officers. Some of the agents, new to the work, may have 
made errors of judgment; and in any case where complaint is 
made that the agent's findings are not warranted, or that his actions 
are not proper, independent investigation is made, or a hearing is 
had, to the end that no injustice be done either to the entryman or 
the agent. 

In addition to the regular work of advancing the settlement of 
the public domain, it will be seen from the foregoing summary that 
through the arm of your field force, officers and employees, you are 
charged with the duty of recovering over one hundred million 
dollars' worth of the people's property, alleged to have been illegally 
or fraudulently acquired by private individuals and corporation.-. 
The last Congress raised the fund for this work from $2~)0,000 to 
$500,000. Some of the larger cases cover lands patented years ago. 
and our knowledge or information of. fraud is but recent. We are 
really in a race with the statute of limitations in many large matters. 
A most cursory knowledge of the necessity of immediate action — 
action before the statute of limitations intervenes and witnesses die 
or memory clouds — show the inadequacy of $500,000 per annum to 
recover a hundred million in jeopardy. It is my hope- that the 
present Congress will give us a millior lollars for this work. "We 
will return it tenfold in recoveries of national resource^ now held 
unlawfully by private parties. 
Respectfully, 

(Signed) H. H. Soinv.urrz. 

Chief of the Field Service. 

The Commissioner of the Gexkral Land Office. 



LIBRARY OF CONGRE 



002 821 291 i 



